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DCCC518/2011
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 518 OF 2011
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| Date: |
18 August 2011 at 11.03 am |
| Present: |
Mr William Stirling, Counsel on fiat, for HKSAR |
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Mr Amirali Bakirali Nasir, of Messrs Nasirs, assigned by the Director of Legal Aid, for the Defendant |
| Offence: |
(1) Trafficking in a dangerous drug (販運危險藥物) |
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(2) & (3) Assaulting a police officer (襲擊警務人員) |
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Reasons for Sentence
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1. The defendant was convicted after trial of two counts of assaulting police officers and a charge of trafficking in dangerous drugs.
2. The facts were that the defendant was seen at the small hours in a building acting suspiciously. Police in uniform approached for search, the defendant ignored and walked away. Police officers went up but the defendant suddenly punched the police on his chest and a struggle ensued. All of them tumbled down the staircase where by then the defendant also punched the other police officer on his face. Eventually, the defendant was subdued.
3. Upon search, 15 packets of 9.33 grammes of ketamine in 11.83 grammes of powder were found in defendant’s left front trousers pocket and I found the defendant was in possession of drugs for the purposes of trafficking.
4. The defendant aged 19, single. He has 8 counts of previous convictions from 2007 to 2011, 6 counts of theft and the last one in 2011 of robbery, where he was sentenced to training centre. Mr Nasir said he was a construction worker and he also injured seriously in the present case. No doubt had he not been putting up fierce struggle nor punching police officers, all parties may not be tumbling down the stairs, resulting all got injured. Defendant only got himself to be blamed for any suffering.
5. Trafficking in dangerous drugs is a very serious offence. In Secretary of Justice v Hii Siew Cheng CAAR7/2006, the Court of Appeal has laid down the tariff for sentence after trial for traffickers in ketamine. For over 1 gramme to 10 grammes, 2 to 4 years’ imprisonment. This case involved 9.33 grammes of ketamine, so about 4 years’ imprisonment shall be imposed.
6. In view of the very substantial drugs found and the serious nature of the offence, immediate custodial sentence is the only option. However, given his young age and he has no previous conviction relating to drugs nor trafficking, I shall only adopt 3½ years’ imprisonment as the starting point. No further deduction could be made.
7. As to assaulting police officers in execution of duty, the facts were also serious in that he punched the chest of a police officer and punched another police officer’s face. The defendant put up very strong resistance leading all tumbling down the flight of a staircase following another. Police officers could have been injured very seriously in the circumstances. But lucky enough, they could be discharged from hospital on the very same day. As such I consider that 6 months’ imprisonment on each charge be appropriate.
8. On totality principle and considering all the background circumstances and the facts of the case, an overall sentence of 4 years’ imprisonment should be imposed. I therefore order that both charges on assaulting police be served concurrently, but run consecutive to the charge of trafficking.
9. The sentences are as follows:
Charge 1: 3½ years’ imprisonment.
Charge 2 and 3: each 6 months’ imprisonment to run concurrently, but consecutive to Charge 1.
The defendant is therefore sentenced to 4 years’ imprisonment.
10. As lengthy imprisonment is now imposed, the previous sentence of training centre shall be discharged accordingly.
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